By KEITH GRANT
Accused of not negotiating in good faith with the city during contract talks, the Patrolmen's Benevolent Association has hurled the same charge back at city officials. Nearly seven months after the previous contract expired, each side must now address an improper practice allegation with the Public Employment Relations Board before they can move ahead into mediation to try to break the contract stalemate.
After the two sides failed to strike a deal by the New Year, attorneys for the city filed a complaint against the PBA claiming its negotiating team had repeatedly been late to bargaining sessions and had cancelled three scheduled meetings. The attorney for the city, Terry O'Neil, felt such actions "unduly delayed the progress of negotiations," he wrote in his complaint, and showed the union was not interested in reaching a timely agreement.
In its response to that charge, the PBA reported that nine bargaining sessions took place between the third cancelled session on September 14 and the final exchange of proposals on New Year's Eve. PBA president Sgt. Richard Bart suggested that showed a legitimate effort by the union to make a deal.
Bart now charges that the city's decision to return police to rotating tour shifts on January 1 shows the city did not bargain in good faith, leading to the PBA's own filing of a complaint with Public Employment Relations Board.
The return to rotating tours -- which police used until three years ago, but the union calls antiquated -- was something Bart says the union was threatened with throughout negotiations in the event the sides could not reach an agreement. He believes an October 17 letter to PBA members from City Manager Bruce Nyman contained just such a threat. In the letter, Nyman writes: "While we understand that a return to the rotating tour schedule might be disruptive for those of you with second jobs, child care issues, etc., the PBA's conduct during bargaining to date leaves the City with little alternative. I hope this provides a catalyst to get down to business and to engage in substantive discussions so that a fair and equitable settlement can be reached by the end of the year."
The steady tour system used from January 1, 1998, through January 1, 2001, placed police on consistent tours that ran either 8:00 a.m.-6:00 p.m., 6:00 p.m.-4:00 a.m., or 10:00 p.m.-8:00 a.m. Officers remained on a steady or regular shift for a year, patrolling the same area of the city, while working within a "team" of officers reporting to the same sergeant.
Rotating tours have officers' schedules changing between shifts of 8:00 a.m.-4:00 p.m., 4:00 p.m.-midnight, and midnight-8:00 a.m., with their patrol areas also rotating.
Each side says the other has used the tours as a bargaining chip in negotiations. Several city officials acknowledged that steady tours are more convenient for officers, allowing them to remain on a set schedule for a year, but disagree that the tours were a significant benefit to the community. Police Commissioner Ken Cohen has also said the protection of residents would not drop.
Bart adamantly disputes that, saying that the community is affected by the change in tours and calling statements to the contrary lies. Bart claims that the change has placed residents in jeopardy, and specifically cites the Jan. 3 burglary of Mister Sports, in which three youths were arrested shortly after 3:00 a.m. for allegedly stealing sneakers from the store. Bart claims that the response to the alarm and subsequent investigation utilized all five officers that were on duty and forced the department to call in back-up from Nassau County.
In a recent letter to city officials, Bart wrote, "Because of the lack of additional personnel being present, our department had to call the Nassau County Police to assist our officers. We had no other police available because we went back to rotating tours!" Under steady tours, he said, there would have been at least ten officers on duty at the time.
"Because of the return to rotating tours," his letter states, "there were NO police officers available from 0257 a.m. through 0700 a.m. No officer to respond to any other police service calls or emergencies. No officer or officers to be used in a life or death situation. No officers on patrol, no officers to be counted on during this entire matter."
City councilman Denis Kelly said he did not know if Bart's claim was a fair assessment of the situation.
"From what I've been told, the arrest was made by our officers who were doing good police work," he said. "Nassau responded as back-up, which happens from time to time."
Kelly added, "This threat that the community policing is gone because of tours changing is empty." He believes the police will continue to be as effective as before, and the average citizen will not notice a change.
"Has there been irreparable damage to community policing?" Kelly said. "No, but that's the way they're attacking this issue."
Nonetheless, community leaders across the board have not been happy with the tour change. North Park leaders have frequently voiced their concerns over the change's potential negative impact on community policing, a program that has been well received there, and other community leaders are just as concerned.
Sam Roca, president of Central Neighborhood Block Association, said, "I knew my cops and when they were working on a particular shift. We had built a rapport with them. As it is now, we never know who's on what post at what time."
Barry Tramantano of West End Neighbors said the situation was a major concern to anyone, particularly residents of the West End. "The community policing concept is a great plus. I've seen it work first hand," he said, recalling an incident in which an officer knew a young suspect because of his familiarity with the neighborhood.
Carol Mack of the Walks Association said every neighborhood association liked the steady tours. "Every association is on the same page with this. Nobody's in favor of the change."
